GUN RIGHTS/USE OF FORCE
FLORIDA FIREARM LAWYER
Florida adheres to the often heard “Stand Your Ground” law and the “Castle Doctine.” What do these laws mean?
STAND YOUR GROUND LAW
(Self-Defense or Defense of Others)
Florida’s “Stand Your Ground” law is basically self-defense or defense of other. Basically, this simply means that if you are lawfully in a place and faced with the immediate use of harm you can “stand your ground” and defend yourself. There is no duty for you to “retreat” or run away. Likewise, you may also use force in the defense of others. An important thing to know is that you may not use “deadly” force to defend yourself or others unless you yourself or the person you are defending is faced with the immediate use of deadly force.
This is basically self-defense or defense of others while you are in a residence, yours or another’s, or in an occupied vehicle and someone is unlawfully and forcefully entering into the residence or occupied vehicle of is attempting the remove someone from therein. So how is this different than Florida’s “Stand Your Ground” law? Under the “Castle” doctine, it is presumed that your belief that force or deadly force was necessary and reasonable to defend yourself or another against the unlawful use of force likely to cause imminent death or great bodily harm. With the “Stand Your Ground” law, you would have the burden to prove that self-defense of defense of others was reasonable and necessary.
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